For more than forty years, the law firm of Robert B. Fitzpatrick, PLLC has been a leading force in employment law. Robert B. Fitzpatrick, PLLC is nationally recognized as a premier employment law firm. The National Law Journal describes senior partner Robert B. Fitzpatrick as among the top employment lawyers in the country. Washingtonian Magazine hails him as "tops in employment law" in the Washington, D.C. area.
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Monday, June 4, 2012

This
blog and the blog before it are meant to summarize the attitude of courts
towards the use of Skype™ as an effective means of taking depositions.It is also intended to provide a basic
introduction to the use of Skype™ for this purpose, as well as how to address
common technical and practical issues which might arise.It is not intended to allow an individual
with little or no knowledge of computers to take a Skype™ deposition
unassisted, and even experienced users would be well advised to consider
arranging for professional technical support to provide advice and assistance
in setting up a Skype™ deposition.

1.Skype-Specific
Tips for Videoconferencing

a.Skype™
works best on a personal computer (i.e. not a Macintosh) with the following
specifications.Please remember that ALL
parties involved should be able to meet the minimum specifications below.

i.Windows XP, Windows
Vista, or Windows 7.Make sure that your
operating system has been properly updated and patched.

iii.While Skype™ can
function with as little as 512 megabytes of ram, at least 2 GB of RAM is
recommended.

iv.A graphics card with at
least 32 megabytes of RAM – with at least twice that being recommended.

v.A monitor with a
minimum resolution of 640x480, though a 1280 x 720 monitor resolution is
recommended.

b.If
you plan on recording the conversation, it would be advisable to have at least
one terabyte of storage (a terabyte is approximately 1,000 gigabytes).It is possible to obtain 1-2 terabyte
external storage for a little over $100.

c.Internet
Connection

i.All parties should have
a high-speed broadband connection with at least 4 megabytes/second download and
512 kilobytes/second upload.While Skype™
can function at lower speeds than these, performance may degrade.If you are connecting through a local area
network, be sure that the network will allow the computer you plan to use for
the deposition to achieve these speeds.

ii.A hardwired internet
connection is preferable to a wi-fi connection and should be used whenever
possible.Ideally, all participants
should be in a Location where a high speed connection hardwired is available.

d.Webcam
– you should plan on spending $50-$100 for a decent web cam to ensure
high-quality video.

e.Both
sides of the connection must have a high-speed internet connection for Skype™
to work at an acceptable level.

f.There
have been problems reported with Skype™’s audio transmissions.If testing reveals audio problems, an easy
fix is to use some other means of transmitting audio, such using land-line
speaker phones at each location to transmit audio.If you use this method, be sure to place any
microphones on the Skype™-ing computers on “mute”.

c.to
make a group video call, at least one of the people on the call must have a Skype™
Premium account (for personal accounts) or a Group Video Subscription (for
business accounts).

3.Practice
–

a.Even
before a test call, be sure to practice making connections with, and using the
features of, Skype™.In addition to
increasing your level of comfort with the service, it will also allow you more
easily to identify and address potential problems which may arise.In particular, practice using and
repositioning the webcam, making adjustments to the audio devices, and adding
participants to calls.If you plan to
record your call, you should obviously also practice doing so.

b.Skype™
also has a number of additional features which may prove useful during a
deposition – for example, the capability to send a file to all participants in
a call.To the extent you anticipate
using such a feature, be sure to practice doing so beforehand.

4.Testing in Advance
– Advance testing is even more important for Skype™ depositions than for other
types of videoconferencing.

a.If
possible you should plan to make at least one test call prior to the date of
the deposition which involves as many of the same participants, hardware, and
locations that will be used in the actual deposition as practical.

b.During
this call, make sure all peripheral hardware, such as the webcam and any audio
devices (land lines, microphones, speakers, etc.) are working properly and
provide acceptable feedback.

c.If
you encounter performance problems during testing, Game Booster, a free utility
that helps improve your computer’s processing speed, may be able to help abate
them.As always, this should be tested
before it is relied upon.

d.When
setting up your connections, be sure you are talking to the correct
individual(s) at the other location(s) to ensure that everything is being set
up correctly.

e.All
participants should plan to call into the deposition at least 15 minutes early
to work out any final bugs.

5.Check the Settings
– Remember to turn off online notifications on the computer you are using for
the Skype™ conference, especially if you also use Skype™ for personal purposes.You do not want testimony to be interrupted
by a message informing you that one of your co-workers, friends, or family
members is now online.Also disable any
other software or notifications which may create a distraction during the
deposition.

6.Security:

a.Skype™
encrypts communications made using its software.

b.However,
transmissions using Skype™ (“feeds”) can be vulnerable to attacks by
hackers.

c.To
enhance the security of your transmissions, all participants should ensure that
Skype™ is not using their device as a “super node”.There are instructions on Skype™’s public
website for making the modifications needed to achieve this.

7.Skype™’s
Group Chat Feature:

a.One
Member must have a Skype™ Premium Account, which is $9.99 per month.

b.Group
chat has higher system requirements than regular video chat.As of the time of writing, the minimum
requirements were a high-speed broadband connection of 512 kbps download speed
and 128 kbps upload speed, and a computer with at least 1 gigahertz of
processing power.Recommended system
specifications are 4 Mbps down/512 kbps up and a core 2 duo 1.8 gigahertz
processor.

Firm Website

About Me

Robert Brian Fitzpatrick is the principal in the law firm of Robert B. Fitzpatrick PLLC in Washington, D.C. where he represents clients in employment law and employee benefits matters. Mr. Fitzpatrick has concentrated his practice in employment law disputes for over forty years. He has represented clients in individual and class actions. He has represented clients in employment discrimination, workplace harassment, retaliation, age discrimination, FMLA, ADA, whistleblower, wrongful termination, non-compete, trade secrets, Computer Fraud and Abuse Act, and wage and hour claims among others. He counsels numerous executive clients regarding employment agreements and compensation issues. He has negotiated literally thousands of severance agreements. He has represented clients in practically every industry and profession, including government employees, employees in the hospitality industry, the high tech/computer, government contractors, transportation, entertainment, sports, financial services, trade associations, and academia.

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Note: Robert B. Fitzpatrick makes this blog available for educational purposes only. None of the content on this blog constitutes legal advice. All postings should be considered general statements of the law, not legal advice specific to your situation. Your use of the site or contact with me does not create an attorney-client relationship.

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